Brenda Carlsen v. Stanford University

U.S. Court of Appeals for the Ninth Circuit April 25, 2016

Brenda Carlsen v. Stanford University, 639 F. App'x 445 (9th Cir. 2016)

Opinion

MEMORANDUM *

Brenda Carlsen appeals from the district court’s judgment denying remand and dismissing her case against Stanford University. Carlsen seeks damages for loss of consortium, stemming from Stanford’s termination of her husband, Dan Gazzano. We affirm. Res judicata bars Carlsen’s claim because when she attempted to join her husband’s lawsuit, the district court dismissed her claim, as preempted by § 301 of the Labor Management Relations Act, and she did not appeal that judgment. See Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394, 398, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981).

Stanford’s motion to take judicial notice is denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R, 36-3.

Reference

Full Case Name: Brenda CARLSEN, Plaintiff-Appellant, v. STANFORD UNIVERSITY, Defendant-Appellee
Status: Unpublished